AOS denied 4 years after CP approval

A

asheth

New Member
Hello

We recently received a letter from U.S. Department of Homeland security addressed to my son (He is 8 years old now) that his I-485 is denied. We got this letter 2 weeks back. The reason being that he is derivative status and its automatically denied because the principal applicant's (thats me) application is denied. I haven't received anything yet regarding this. The weird thing is that we are already green card holders since 2000 March. We had done the 'attorney certified consular processing' and my attorney at the time had withdrawn the 485 application.

What should I do now? Can I ignore this or will this cause any issue during citizenship? Has anyone read or experienced this situation. Please reply.

Thanks.
 
You need to apply a motion to reopen/reconsider application and enclose all your proof. It is better to use an attorney.
 
Originally posted by jaxen2
You need to apply a motion to reopen/reconsider application and enclose all your proof. It is better to use an attorney.
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I don't see why. He was granted permanent residence via CP. The AOS should have been denied.
 
I have seen different answers to situations like this. The gist of it is, if a dependant can go AOS while the principle did CP. I would imagine not. If the principle did AOS, but the depedent opts for CP, I think that would be allowed. I saw a question like that on murthychat, and she said that something like that is possible, if I am not wrong. Anybody who actually has gone through with this kind of case can be very helpful.
 
Just to clarify. My son was included in the CP application and he is a permanent resident as well since 2000.
 
Originally posted by asheth
Just to clarify. My son was included in the CP application and he is a permanent resident as well since 2000.
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If he received permanent residence via CP he is fine. I wouldn't sweat this one bit. I would, however, ensure that you have documentary proof (probably his old passport) of him receiving the immigrant visa via CP when it comes time for naturalization.
 
You got that denial because you already have permanant resident status and you don,t need AOS anymore. I have seen similar notice of denial for EADs after I485 was approved. Hope this help.
 
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